Can I Use a Release for Medical Malpractice?
A release and waiver of liability may be used to protect a business from the foreseeable damages that may occur in the scope of being employed to perform a service. A release form will often be upheld as long as the contract for services is entered into freely and the damage isn't caused by an intentional, willful, or reckless act.
Generally, courts have invalidated contracts releasing physicians from liability for negligent medical care of their patients. Such contracts have been held to violate public policy because medical services are essential public services, the physician holds himself out as willing and able to provide such services, the patient places himself under the physician’s control but remains subject to the risks of his carelessness, and the physician has the bargaining power to require a release from negligence liability as a condition of providing medical treatment.